Can I use certificate of mailing and transmission procedures for inter partes reexamination documents?
The use of certificate of mailing and transmission procedures (37 CFR 1.8) is allowed for most documents in an inter partes reexamination proceeding, with some important exceptions. The MPEP states:
“The certificate of mailing and transmission procedures (37 CFR 1.8) may be used to file any paper in an inter partes reexamination proceeding, except for a request for reexamination and a corrected/replacement request for reexamination.”
This means you can use these procedures for most correspondence during the reexamination process, but not for the initial request or any corrections to that request. For more details on using these procedures, refer to MPEP § 512.
Additionally, the Priority Mail Express® mailing procedure (37 CFR 1.10) can be used for any paper in an inter partes reexamination proceeding, including the initial request. For information on this procedure, see MPEP § 513.
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